Civil law in Western Europe (в)

In the states into which Europe was divided university-trained lawyers* were made judges* and advisers*. These lawyers naturally applied civil law* whenever local customs* did not settle the dispute*. Around 1400 it came to be accepted that this was the right thing to do.Except when the church had jurisdiction*, for example over wills, Civil law governed the affairs of lay people* wherever custom was silent. And civil law meant Justinian's law as understood after some three centuries of study in the universities. The process by which civil law became the subsidiary* law of most of Europe is called the reception of Roman law*. England, was an exception. There, Roman law had some influence but was never received completely,

The civil law was supposed to be very rational. It was described as written reason*. But from the sixteenth century it was sharply attacked. The new nation states rejected the Holy Roman (really German) empire. Each state claimed to be sovereign and to decide for itself what its laws should be. Church courts lost much of their jurisdiction.

But a system of written law can only be replaced by other written laws. In the eighteenth century critics of the civil law started a movement to replace Justinian's books by new codes of law*. The new codes were to be much shorter than Justinian's books. They were to be well arranged and easy to understand. Each state was to have its own code.

Notes

university-trained lawyers — юристы с университетским ооразо-

ванием judge - судья

adviser — консультант (по правовым вопросам) apply civil law — применять гражданское право local customs — местные обычаи settle a dispute — разрешить спор jurisdiction — юриспруденция lay people — не являющиеся юристами люди subsidiary law — дополнительный закон Roman law — Римское право written reason — письменное обоснование codes of law — своды законов, кодексы законов

CIVIL AND CRIMINAL LAW

Criminal law is concerned with the general well being* and civil law with individual rights and duties. It might be wrong, however, to classify an individual act as being either a civil or a criminal wrong*. Many acts are both. For example, if you take your coat to be cleaned and the cleaner steals it then, clearly, the crime of theft* has been committed. Furthermore there is a breach of the contract* to clean and a tort of conversion* (denial of your right to your property) has also been committed. It is not in the act itself that the distinction lies, but in the consequences* which may follow from it. After you have been run over in a road accident the driver could be arrested and charged with the crime* of reckless driving* and he could be sued* by you, the victim, in the tort of negligence*. The act of driving so as to injure you was therefore a criminal offence* and a civil wrong. This is sometimes called 'dual liability'*.

There have been attempts made at defining crime generally, but the criminal law really comprises nothing more than the total of those activities which those responsible for creating and developing the criminal law have seen fit to include*.

The activities embraced by the criminal law extend from treason, murder and rape at one end to exporting antiques without a licence, flying a kite near an airfield, failing to sign your driving licence, sounding the car horn while the car is at rest and conversing with a bus driver at the other.

It should be understood that while the criminal law comprises most of what the average citizen imagines as the law (at least at first), the civil law is a vast thing — a thousand years old and still growing! The more important areas within its scope include contract law*, which in its applied aspects

includes the sale of goods and services, credit, hire-purchase, agency, contracts of employment and landlord and tenant agreements* - to name but a few*. The civil law also includes the law of tort - a term for actions in negligence*, nuisance*, defamation*, trespass* and others. Further, it includes property law*, the law of succession*, most of family law* and the law of trusts*.

Notes

well being — благосостояние

criminal wrong — уголовное правонарушение

theft — воровство

breach of the contract — нарушение контракта

tort of conversion — обращение вверенного имущества в свою

пользу, присвоение имущества consequences — последствия

charge with the crime - обвинить в совершении преступления reckless driving — неосторожное вождение (автомобиля) be sued — отвечать в суде tort of negligence — преступление, совершенное по преступной

неосторожности

criminal offence — уголовное преступление, правонарушение dual liability — двойная ответственность the criminal law have seen fit to include - зд. уголовное право

рассматривает как подлежащий включению в него contract law — договорное право tenant agreement — договор жилищной аренды name but a few — назвать лишь несколько negligence — халатность nuisance — вред defamation — клевета

trespass — нарушение чужого правовладения property law — право собственности law of succession — наследственное право family law — семейное право law of trust — трастовое право

Ответьте на вопросы.

1. What is characteristic of civil law system?

2. What do the codes contain?

3. Why are the codes not easily changed?

4. Speak on the importance of scholarly writing in civil law system.

5. How is the law of England and Wales classified by source?

6. What is common law comprised of?

7. How is common law distinguished from civil law?

8. Which body of law is called equity?

9. What is the legal system based on modified Roman law called?

 

10. How did Continental law appear?

11. How and where did the civil law spread?

12. Compare civil law and common law.

13. When did the scholarly study of law revive in Western Europe?

14. Was Justinian's law still the laws of Western Europe?

15. What was the law syllabus in medieval Europe?

16. When did laywers of the Western church begin to collect and study
canons?

17. Was canon law a separate system? Why?

18. Outline the development of the civil law.

19. Who were made judges and advisers in Western Europe of the 15th
century?

20. What is the reception of Roman law?

21. When was Roman law sharply attacked and why?

22. When did a movement to replace Justinian's books start in Europe?
Why?

23. What is the criminal law concerned with?

24. What is civil law concerned with?

25. Give an example of wrong classified as being both civil and criminal.

26. What activities are embraced by the criminal law?

27. What does the civil law include?

Unit Seven

PUBLIC LAW (A)

Law, body* of official rules and regulations, generally found in constitutions, legislation, and judicial opinions, that is used to govern a society and to control the behaviour of its members.

Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful and orderly society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate* business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit* social discrimination and to improve the quality of individual life in matters of health, education and welfare.

The common-law systems of England, and later of the United States, began with various local customs. New rulers created a system of centralized courts that operated under a single set of laws.

Public law concerns the relationships within government and those between governments and individuals. The development of administrative law is a comparatively recent occurence*. Numerous federal and state administrative agencies now make rules that reach into all manner of activities, including licensing, regulation of trades and professions, protection of health, and promotion of welfare*.

Laws concerning taxation and the regulation of business are in the public area, as is criminal law, which involves the exercise of governmental power byway of enforcement and punishment.

Notes

body — сборник, свод (законов)

facilitate — обеспечивать, предоставлять возможность

inhibit — запрещать

recent occurence — недавнее событие

welfare — благосостояние

PUBLIC LAW (В)

Public law concerns the relationships within government and those between governments and individuals. The development of administrative law is a comparatively recent occurrence*. Numerous federal and state administrative agencies now make rules that reach into* all manner of activities*, including 1) licensing, 2) regulation of trades and professions, 3) protection of health*, and 4) promotion of welfare*.

United States constitutional law is the most extensive and pervasive* of any country in the world. It is embodied in the Constitution of the United States and in the opinions of the Supreme Court of the United States rendered over time. The Constitution allocates* power within the federal government and between the federal and state governments. The first ten amendments (the Bill of Rights) and subsequent amendments* define fundamental individual rights by placing limits on the powers of government.

Laws concerning taxation and the regulation of business are in the public area, as is criminal law, which involves the exercise of governmental power by way of enforcement and punishment. Debate has been continuous regarding the legitimacy of government intervention* in areas where moral attitudes are in significant conflict, such as in matters of sexual practices, pornography, birth control, and euthanasia.

Private Law

Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. The area is concerned with rules and principles pertaining* to private ownership and use of property, contracts between individuals, family relationships, and redress by way of compensation* for harm inflicted* on one person by another. The relative significance of purely private law has decreased in modern times. Public law dominates in government-controlled societies. Democratic societies increasingly have a mix of public and private law.

Notes

comparatively recent occurence — сравнительно недавнее появ­ление

reach into — зд. проникать, доставать all manners of activities — все виды деятельности protection of health — здравоохранение promotion of welfare — увеличение благосостояния pervasive — распространяющийся, проникающий повсюду allocate — определять, предписывать subsequent amendments — последующие поправки intervention — внедрение pertaining - относящийся

redress by way of compensation — возмещение путем компенсации harm inflicted — нанесенный ущерб